Patna High Court

Vijay KumarversusSunaina Devi

Decided: 18 March 2026
Disposal: ALLOWED
Bench: S B P SINGH

Holding

The court exercised its inherent jurisdiction to restore the dismissed civil miscellaneous case to its original file.

Summary

Vijay Kumar filed an application before the Patna High Court seeking restoration of Civil Miscellaneous No. 655 of 2018, which had been dismissed on 12‑12‑2025 for want of prosecution. The petition argued that the dismissal was premature and that the parties were ready to pursue the matter. The court examined whether a dismissed civil miscellaneous proceeding could be revived under its inherent powers. Relying on established principles that a court may restore a case when sufficient cause is shown, the judge found the petitioner's reasons satisfactory. Consequently, the court ordered the restoration of the original case file. The order was pronounced by Justice S. B. Pd. Singh on 18‑03‑2026.

Issues considered

Whether a civil miscellaneous proceeding dismissed for want of prosecution can be restored upon application of the petitioner

Subjects

restoration of suit
want of prosecution
civil miscellaneous jurisdiction
inherent powers of court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.376 of 2026
                                            In
           CIVIL MISCELLANEOUS JURISDICTION No.655 of 2018
     ======================================================
     Vijay Kumar Son of Late Brijnandan Prasad, Resident of Mohalla Baghmali
     Khata Jangi, P.S. Hajipur District- Vaishali.

                                                            ... ... Petitioner/s
                                      Versus
1.   Sunaina Devi Wife of Late Devan Prasad Sinha, Residence of Mohalla
     Bagmali (Khakajangi) P.S. Hajipur Town District- Vaishali.
2.   Sunil Kumar, Residence of Mohalla Bagmali (Khakajangi) P.S. Hajipur
     Town District- Vaishali.
3.   Sanjay Kumar, Residence of Mohalla Bagmali (Khakajangi) P.S. Hajipur
     Town District- Vaishali.
4.   Arti Sinha Wife of Late Ranjit Kumar, Residence of Mohalla Bagmali
     (Khakajangi) P.S. Hajipur Town District- Vaishali.
5.   Ranbir Sinha, Son of Late Ranjit Kumar, Residence of Mohalla Bagmali
     (Khakajangi) P.S. Hajipur Town District- Vaishali.
6.   Rishu Sinha, Son of Late Ranjit Kumar, Residence of Mohalla Bagmali
     (Khakajangi) P.S. Hajipur Town District- Vaishali.
7.   Om Prishna Prasad Sinha, Son of Late Brijnandan Prasad, Resident of
     Mohalla Bagmali Khakajangi P.S. Hajipur Town, District Vaishali.
8.   Basant Kumar Sinha, Son of Late Brijnandan Prasad, Resident of Mohalla
     Bagmali Khakajangi P.S. Hajipur Town, District Vaishali.
9.   Smt. Alka Devi, D/o Late Brijnandan Prasad, Resident of Mohalla Bagmali
     Khakajangi P.S. Hajipur Town, District Vaishali.
10. Mostt. Mira Devi, widow of Late Rajnandan Prasad, Resident of Mohalla
    Bagmali Khakajangi P.S. Hajipur Town, District Vaishali.
11. Gautam, Son of Late Rajnandan Prasad, Resident of Mohalla Bagmali
    Khakajangi P.S. Hajipur Town, District Vaishali.
12. Godwari Devi @ Mamta Devi, widow of Late Raj Kishore Prasad, Resident
    of Mohalla Bagmali Khakajangi P.S. Hajipur Town, District Vaishali.
13. Manoj, Son of Raj Kishore, Resident of Mohalla Bagmali Khakajangi P.S.
    Hajipur Town, District Vaishali.
14. Madhukar Son of Raj Kishore Prasad, Resident of Mohalla Bagmali
    Khakajangi P.S. Hajipur Town, District Vaishali.
15. Rina daughter of Late Raj Kishore Prasad, Resident of Mohalla Bagmali
    Khakajangi P.S. Hajipur Town, District Vaishali.
16. Hina, daughter of Late Raj Kishore Prasad, Resident of Mohalla Bagmali
    Khakajangi P.S. Hajipur Town, District Vaishali.
17. Ina daughter of Late Raj Kishore Prasad, Resident of Mohalla Bagmali
    Khakajangi P.S. Hajipur Town, District Vaishali.
18. Birendra Prasad, Son of Late Ram Chandra Prasad, Resident of Mohalla
          Patna High Court MJC No.376 of 2026(3) dt.18-03-2026
                                                      2/2




                  Bagmali Khakajangi P.S. Hajipur Town, District Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ratan Kumar Sinha
                 For the Opposite Party/s :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   18-03-2026                   1. Heard learned counsel for the petitioner.

                                 2. The present application has been filed for

                    restoration of Civil Miscellaneous No. 655 of 2018, which got

                    dismissed on 12.12.2025 for want of prosecution.

                                 3. For the reasons stated in this application, supported

                    by the affidavit the same is allowed and the connected case,

                    bearing Civil Miscellaneous No. 655 of 2018, is restored to its

                    original file.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U

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